Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1887-09-23
The Post War Amendments

ument is the last three amendments
adopted since the war. In fact, these
are the only changes made in the
constitution since 1904, when the
twelfth amendment was added,
Here are the three post war amend.
ments:-
ARTICLE XIII.
SECTION I.-Neither slavery nor
involuntary servitude, except as q
punishment for crime whereof the
party shall have been duly convicted,
shall exist within the United States
or any place subject to their jurisdic-
tion.
Sec. 2.-Congress shall have pow
er to enforce this article by appropri-
ate legislation.
ARTICLE XIV.
SECTION l.-All persons born OF
naturalized in the United States, and
subject to the jurisdiction thereof, are
citizens of the United States and Of
the State wherein they reside. Nc
State shall make or enforce any law
which shall abridge the privileges or
immunities of citizens of the United
States, nor shall any State deprive
any person of life, liberty or property
without due process of law, nor deny
to any person within its jurisdiction
the equal protection of the laws.
Sec 2.-The Congress shall have
power to enforce, by appropriate legis.
lation, the provisions of this article.
ARTICLE XIV.
SECTION 1.-The right of citizens
of the United States to vote shall not
be denied or abridged by the United
States or any State on account OF
race, color or previous condition Of
servitude.
Sec 2-The Congress shall have
power to enforce this article by appro.
poiate legislation.
We have omitted from the four
teenth amendment three sections re-
lating to special matters growing out
of the war. The thirteenth was
adopted in 1865, the fourteenth in
1868 and the fifteenth in 1870.
They all relate primarily to the negro
Their first parpose was to elevate the
Southern blacks to citizenship. The
thirteenth rendered slavery forever
impossible in the United States.
But the black, though free man,
was not yet citizen. The Supreme
Court had declared in the Dred Scott
case that negro was not and could
not become citizen of the United
States under the constitution as it
then stood. The fourteenth amend.
ment made every colored person a
citizen and gave him equal civil
rights with white citizens.
Though clothed with citizenship and
civil rights colored persons were still
without the political right to vote.
This was secured to them by the ff
teenth amendment.
These amendments carved O very
large slice out of State sovereignty.
For they stripped the States of all
power to deny any right guaranteed
by the amendments. Willie their
primary purpose was to prevent the
reinstatement of the Southern blacks
and to give them citizenship, they
have far broader scope. They ap'
ply equally to all the States, and 70
all citizens, white as well as colored.
The thirteenth says that slavery shall
not exist in the United States. That
means that in this country there shall
be no form of slavery and that no
person shall be made slave. The
fourteenth declares that no State
shall abridge the privileges or immu-
mites of a citizen. That protects
every citizen, white or black, native
or foreign born. The fifteenth says
that the right OF citizen to vote
shall not be denied or abridged on ac
count of race or color. That secures
the franchise to colored citizens, but
it would also prevent them from cur
failing the franchise of white citizens
if the former should ever be in the
ascendancy in any State.
The most comprehensive of these
amendments Is the fourteenth II
imposes upon State sovereignty far
more extensive and radical limita-
tions than either or both of the other
two, or, in fact, all the rest of the con-
stitution together. 1t brings the states
in their internal affairs under federal
control to an extent unknown prior
to its adoption. Before the war and
when the war ended the sovereignty
of every State over the civil and po
litical rights of it's own citizens and
residents was practically supreme
The control was but slightly limited
by the few special checks in the fed
eral constitution. Every State was
left free to legislate in favor of or dis.
criminate against any class of it's in
habitants. 1t might deny to any class
black or white, fereign born or native,
the right to vote or hold office, the
right to adopt any profession, the
right to engage in any occupation,
the right to enter any field Of labor.
1t might deny to any class, as some
of the Southern States once denied to
the negro, the right to make con-
tracts. the right to testify in court,
the right to sit on jury, &c. 1t
might punish one class of offenders
more severely than another for the
same crime. This vast power to dis
criminate against classes of citizens
or persons in the matter OF civil rights
was taken from the States by the
fourteenth amendment. 1t transfer
red control over the civil rights OF
the people from the State to the ma
ton.
While it was framed primarily for
the benefit of colored persons it is
curious to note that it makes no men
tion of color or race. Its language is
general. The rights secured and the
protection guaranteed are secured to
all alike. 1t first makes every person
born in this country a citizen. A
child born here of Chinese parents is
a citizen, though one born in China
cannot become q citizen by naturali-
zation. The amendment then pro-
hibits State from abridging the
priyilepes or immupities OF a citizen.